Long Island’s Best Divorce Lawyer said this appeal involves a custody arrangement modification for the youngest of the parties’ three children. The original custody arrangement provided for joint custody of the subject child with equal parenting time. However, several incidents involving the child’s mother resulted in the father bringing the underlying petition for modification.
The custody arrangement was made in December 2011. In October 2011, the mother was arrested for driving while intoxicated as she was fleeing a physical altercation with her boyfriend. The child was not with her at the time. Two months following this incident the mother, while working for a cleaning service, became severely intoxicated and fell down a set of stairs. The child had accompanied the mother on this day and, took away the car keys from the mother and called the father for help. Law enforcement personnel subsequently arrived and as a result, the mother was charged with “endangering the welfare of a child.” A Nassau County Child Custody Lawyer indicated reports were filed by child protective services against the mother for inadequate guardianship for each incident. The father’s petition for modification followed.
The Supreme Court ultimately dismissed the father’s petition, “finding that he failed to demonstrate a sufficient change in circumstances to warrant modification of the agreed-upon custody arrangement.” A Suffolk County Child Custody Lawyer said the Appellate Division reversed. Despite the father knowing of the mother’s issues with alcohol at the time he agreed to share custody, the evidence of the mother’s escalating problems with alcohol, along with her subsequent alcohol-related incidents “was sufficient to constitute a change in circumstances requiring a review of the existing custody arrangement in order to determine whether [such arrangement] continued to be in the child’s best interests.” The case was remitted to the Supreme Court for such determination.
Personal issues may affect a parent’s ability to properly care for their child following a custody arrangement being made. Seek out the advice of the experienced attorneys at Simonetti & Associates to know your rights.
